O 062103Z NOV 09 FM AMEMBASSY TEGUCIGALPA TO RUEHC/SECSTATE WASHDC IMMEDIATE 1016 C O N F I D E N T I A L SECTION 01 OF 04 TEGUCIGALPA 001120 SUBJECT: TFH01: DRL VISIT

& UPDATE ON HUMAN RIGHTS CASES REF: A. B. C. D. E. TEGUCIGALPA TEGUCIGALPA TEGUCIGALPA TEGUCIGALPA TEGUCIGALPA 1050 1007 989 958 854

Classified By: Ambassador Hugo Llorens, reasons 1.4 (b) and (d) 1. (C) Summary. Bureau of Democracy, Human Rights, and Labor (DRL) Deskoff visited Honduras October 13-20 and met with a broad spectrum of Honduran society to observe first hand the human rights situation following the June 28 coup d'etat. Post has confirmed that the October 17 death of union president Jairo Sanchez was the result of being shot during a September 22 anti-coup protest, which was the sixth death post confirmed as related to political unrest following the coup d'etat. Post is also looking into whether the alleged murder of Eliseo Hernandez Juares on October 19,

the October 25 murder of Honduran Army Coronel Concepcion Jimenez Gutierrez, and the October 25 death of Enzo Micheletti, the nephew of Roberto Micheletti, were related to the political crisis. The San Pedro Sula Human Rights Prosecutor told Deskoff and Poloff that the Public Ministry believes that Jacobo Perdomo, who died on September 22, was unarmed and was shot by a policeman after failing to stop during curfew. Irma Villanueva, who was reportedly gang-raped on August 14, told Deskoff and Poloff that during the rape at least one policeman said she would get what she deserved for participating in something she should not be involved in, which she understood to be an anticoup protest the day of the rape. The Villanueva case remains under investigation by the San Pedro Sula Special Prosecutor for Human Rights. The Center for Women's Rights (CDM) told DRL deskoff and Poloff that CDM received reports of another rape, but that the victim was unwilling to press charges. The Prosecutor for Human Rights in San Pedro Sula filed charges against the police in four cases for unlawful detention, abuse, and, in one case, torture and also filed habeas corpus appeals on behalf of 126 persons detained for 24 hours for breaking curfew. During a lunch hosted by the Ambassador, the former head of the National AntiCorruption Council expressed concern about the insults and harassment employed by anti-coup demonstrators while an anti-coup leader and the Special Prosecutor for Human Rights expressed concern about the de facto regime's limitation on free speech. Human rights groups told DRL deskoff and Poloff that they have received reports of police brutality, arbitrary detentions, and forcible participation in pro-coup marches. End Summary.

-------------------------------Update on Deaths Related to Coup -------------------------------2. (SBU) Honduran National Police contacts confirmed to Embassy employee that the President of the workers union at the Institute of Professional Formation (SITRAINFOP), Jairo Sanchez, was shot by two unknown perpetrators on a motorcycle allegedly during an anti-coup protest on September 22 in Tegucigalpa and died on October 17 from complications of that injury (ref D). The death of Sanchez is the sixth death related to the political crisis that the Embassy has been able to confirm. 3. (U) Human rights organizations reported to Poloff on October 19 the alleged murder of Eliseo Hernandez Juares in Macuelizo, Santa Barbara Department. Juares was a teacher, member of the anti-coup movement and a candidate for vice-mayor. Post is investigating closely whether his death was related to the political crisis. 4. (SBU) Enzo Micheletti, the nephew of the de facto regime leader Roberto Michiletti, was shot in an execution style killing on October 25 in Choloma, Cortes Department. Honduran National Police contacts told Embassy employee on October 28 that based on their initial investigation, police do not believe the killing is tied to the political crisis but that they have not ruled it out. Police sources stated that members of the criminal gang

"Olancho" were seen driving the victim's car after the killing and that they believe the target was Micheletti's friend, Samir Alexander Gaverrete, and that Micheletti's killing was due to his being in the wrong place at the wrong time. 5. (SBU) On October 25, Honduran Army Coronel Concepcion Jimenez Gutierrez was killed by unknown perpetrators while walking near his home in the Los Robles neighborhood of Comayaguela, Francisco Morazon Department. Honduran National Police spokesman Alejandro Maldonado told Embassy employee on October 30 that police did not believe his death was related to the political crisis. 6. (SBU) The Prosecutor for Human Rights in San Pedro Sula, Johny Cesar Mejia, told Poloff and DRL deskoff on October 19 that the police report received by post about the September 22 death of Jacobo Perdomo in San Pedro Sula is in keeping with the Public Ministry opinion that Perdomo was unarmed and riding his bicycle on his way to play soccer when he was shot by a police officer after he failed to obey an oral order to stop during curfew hours (ref A). Mejia told Poloff on October 20 that his office was investigating reports from the victim's family that the police officer charged with the crime, Denis Omar Montoya Murillo, was believed to have been reassigned to a police post near Tegucigalpa. There is an outstanding arrest warrant against Montoya for Perdomo's murder.

-----------------------Sexual Abuse Allegations -----------------------7. (C) On October 15, DRL Deskoff and Poloff met Irma Villanueva at a safe house in a remote location near Siquatepeque, Department of Comayagua. Four policemen reportedly gang-raped Villanueva on August 14 in Choloma, Department of Cortes (ref E). The Center for Women's Rights in Tegucigalpa (CDM) moved Villanueva to the safe house. Villanueva expressed concern for her safety and the safety of her family following the complaint she filed with the human rights prosecutor in San Pedro Sula. Villanueva said she felt intimidated at her family home in Choloma because police would often pass the home and flash bright lights into it. Villanueva recounted the details of her reported gang rape and said that during the incident, at least one police officer said to her that "she would get what she deserved for participating in something she should not be involved in." (Note: Villanueva understood this to be her involvement in an anti-coup protest on August 14). 8. (SBU) During a meeting on October 19, the Prosecutor for Human Rights in San Pedro Sula, Johny Cesar Mejia, told Poloff and DRL Deskoff that the Villanueva rape case continued to be investigated and that the Public Ministry was in possession of photos of all police officers believed to be in the area on September 22 and would work to identify the perpetrators.

9. (C) Regina Fonseca of the Center for Women's Rights (CDM) told DRL Deskoff and Poloff on October 13 that her organization had received reports of another rape allegedly related to the political crisis, but that the victim was unwilling to come forward out of fear of reprisal. During the October 15 meeting with Poloff and DRL Deskoff, rape victim Irma Villanueva said she had heard that the other victim is the niece of someone named "Paz Barahona" and that the victim was raped by four police officers in front of her family at home. Villanueva said the victim allegedly went to Human Rights Ombudsman Ramon Custodio and when it was revealed that she could not identify the perpetrators, Custodio told her there was no way to move her case forward. Post is attempting to verify the details of this alleged rape and verify the allegation by human rights organizations that it is tied to the political crisis. -----------------------------------------------Charges Against Police and Habeas Corpus Appeals -----------------------------------------------10. (SBU) Special Prosecutor for Human Rights in San Pedro Sula, Johny Cesar Mejia, told DRL Deskoff and Poloff that the Prosecutor for Human Rights in San Pedro Sula filed charges against police officers in four separate cases since June 28 for unlawful detention, abuse, and in one case, torture. These cases involve 13 Honduran National Police officers and six victims. In the one case involving torture, the Public Ministry has charged police officer Delmi Yamileth Martinez with

aggravated illegal detention and torture after he used pepper spray on and threatened to kill anticoup demonstrator Antonia Coello on August 12 in San Pedro. (Comment: According to Honduran Penal Code Article 209A, torture is defined as "an act that by its nature or duration involves mental or physical suffering and suppresses the ability of a person to understand or make decisions or otherwise undermines the moral integrity of a person.") 11. (SBU) Mejia also told DRL Deskoff and Poloff that the Human Rights Prosecutor's office filed habeas corpus appeals on behalf of 126 detainees who had been held for breaking the day-long curfew on September 22 in San Pedro Sula. All were released within 24 hours. Four of these detainees showed signs of injuries that continue to be investigated. ----------------------------Viewpoint of Civil Society ----------------------------12. (SBU) The Ambassador hosted a lunch on October 13 attended by representatives of a broad spectrum of society, including supporters of the regime and of President Zelaya. The Ambassador noted that since the June 28 coup there had been a significant deterioration in the human rights situation in Honduras. He stressed the U.S. commitment to monitor human rights violations, insist that the authorities investigate claims and take legal action against violators. Former head of the National Anti-Corruption Council (CNA) Juan Ferrera

expressed concern about the tactics used by the anti-coup movement, citing as an example that protestors had passed his home in the past three months yelling "Juan Ferrera die!" Anti-coup movement leader Rafael Alegria challenged Ferrera and others present at the lunch to stand up against executive decree 16-2009 that limited civil rights and had been used to close media outlets (See Reftels A & C). Special Prosecutor for Human Rights Sandra Ponce expressed concern about the closure of media outlets and the human rights situation, which she described as "critical." (Note: The regime abrogated the decree on October 17 and the closed media outlets resumed transmission. End Note.) ------------------------------Viewpoint of Human Rights NGOs ------------------------------13. (SBU) DRL Deskoff and Poloff met with Bertha Oliva, the President of the Committee for the Disappeared and their Families in Honduras (COFADEH) on October 14. Oliva described the human rights situation as grave and also stated her organization had received reports of torture by police of anti-coup protestors. Oliva provided the mistreatment of Agustina Flores as an example of torture. Flores was beaten with a baton by police after being detained on September 22 during a protest near the Embassy of Brazil (ref B). (Note: all accounts received by post of the mistreatment of Flores appear to suggest police brutality and do not fit the UN definition of torture as the infliction of "severe pain or suffering." End

Note.) 14. (SBU) DRL Deskoff and Poloff met on October 15 with Dr. Juan Almendares of the Center for Prevention of Torture (CPTRT). Almendares commended the US Embassy for speaking out against the alleged human rights violations, and criticized the response of the Catholic Church and Human Rights Ombudsman Ramon Custodio. Almendares stated his organization is still in the process of documenting and investigating allegations of 4,000 arbitrary detentions and 17 deaths. (Note: When Poloff asked Almendares for documentary proof to link alleged deaths to the political crisis he, like many other human rights organizations, asserted that his organization is still investigating the deaths. End Note.) 15. (SBU) DRL Deskoff and Poloff met Evangelina Arguenta and Moises Montoya of the General Workers Federation (CGT) in San Pedro Sula on October 19. Arguenta said CGT has received allegations that workers at the Russell, Dickies, and Hanes factories in San Pedro Sula reportedly were forcibly bused and forced to participate in procoup marches in July. Arguenta also stated that workers reported to CGT that Hanes and Russel factory managers told them that they had to make up lost work time due to the various day-long curfews since the coup d'etat. ------Comment -------

16. (C) The visit of the DRL Deskoff provided an invaluable opportunity to collect critical information and evaluate the human rights situation outside of the capital. It appears that political protests in La Ceiba following the coup did not end in confrontations with security forces, however post was able to confirm that arbitrary detentions and disproportionate force by police have occurred in San Pedro Sula since the coup. There have been a handful of cases in which police allegedly continued to beat protestors even after they were detained. The charge of torture against a San Pedro Sula police officer because he threatened to kill a detainee is the first known charge of torture since the coup. LLORENS (Edited and reading.) reformatted by Andres for ease of